Vijay Kushwah vs State Of Madhya Pradesh And Others

Atul Sreedharan, J

This first appeal under Section 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the SC/ST Act") filed by the appellant assailing the order dated 04.02.2023 passed by Special Judge, SC & ST Act, Vidisha whereby the application under Section 439 of Cr.P.C. has been rejected.

The appellant is in judicial custody since 06.01.2023 in connection with Crime No.4/2023 for the offences punishable under sections 376, 456, 506 of IPC and Sections 3(2)(v), 3(1)(w)(ii), 3(1)(va) of the SC/ST Act registered at Police Station Pathari District Vidisha.

The incident is of 20.12.2022 when the prosecutrix a married woman of SC/ST Community was allegedly raped at her home by the appellant herein. However, the FIR has belatedly been registered on 04.01.2022 on the grounds that the child of the prosecutrix was undergoing treatment. However, the case diary does not reflect any kind of documents pertaining to the treatment of her child between 30.12.2022 to 04.01.2023.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case.

Learned counsel for the State while opposing the application for grant of bail as read out from the 164 statement of prosecutrix wherein she has reiterated the facts stated hereinabove. The MLC however does not reflect any external injury on the body of the prosecutrix and also, the finding is inconclusive of rape. No opinion regarding rape has been give by the doctor.

Be that as it may. Looking at the facts and circumstances of the case and the delay in registration of FIR and the MLC, application is allowed and it is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.

C.C. as per rules.